The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-10-10
GOV. THA>ER.
His ObstiDacy 10 Refusing TO De-
liver Mcmahon.
Attorney General Peters says she
state Of T~spuessse Cannot
Force His Return.

The unexplained obstinacy Of Gov
Thayer, OF Nebraska, in ~refueing to
deliver over to the authorities OF this
Stats NcNshon, who 10 wanted for
completely in q ofthe most ctwardly
and diaboliCal murders ever perpe-
tra.ed in this county, has excited the
keenest denuuciaion on the part OF
n eff iisls, who have neglected
nothing In the way Of presntiog ell
Of the iacte connected with the hor.
ribls crime for which McMai on 10
wanted TO the Governor OF Nebiatk,,
who has undertaken 10 shield him
from puhisnn 9 1t. From information
Of q reliable character the ificias are
strongly inclined 10 the opinion that
there has been bribery In the case. u
Is known thai the man Bond has u'ed
money freely since be hss been In Ne
brasks, aud that IL was mainly through
him that the Governor wss induced to
ignore fhe =, Q1isition OF Gov. Taylor.
There hos evidently bsen some crook.
ed work done in the case, aud II be-
hooves Gov. Thsysr TO ~eIplaia his
action In the premises. meeting A.
torney. General Peters Saturday even
log, lie was ssked what further steps
" uld he taken 30 etc1re the custody
Of MeMabos, aud replied as iollows:
Il Cannot fad any authority exist.
ing In tho judiciary, either State or
fsoeral, to compel by mandsmus the
executive OF ore State 10 deliver mp q
fogltive from justice TO the executive
Of another State. While the constitu-
ton OF tue United States and the laws
OF OjBsress impose the duty upon the
Governor Of nj State to deliver up q
fugitive from justice TO the Governor
oil another State, upon q proper de-
mand being made, yet nc TO the :uty
thus imposed the authorities decide
that the chief executive III 5ers OF tho
varions States are entirely iodspepd.
emit OF control by the federal judiciayi
and this duty cibnot be cosiced by
msndamus from the federal clDrts.
The words. IT shall be the du,v Of the
exrcrtiye.' ETC., ave held TO be used
not 60 mandatory and compulsory,
but 70 her as ~declsratory OF tbe mo,al
duty imposet by the comp c. 10 q.
tiooe ri tno United Safes. The &c, q
COnsrtss dues not y Divide any
t. compel tho execution OF this duty,
nor I'D 81 a puuisbmsdi for reiueal
N the part of ths txecu' i've Of the
tate; ncr IL thofe Any rov sion In
ths ooue'itu 1 n which q ms the gov.
eminent oi thr Dated Ssa Go with tbis
pGsr
snpr-m- o urt u the Uoi,sd s,st. 9 In
81 rpu loo delivered by U lief Ju.t'c
lan,y Ia 1880, repor ed In "a How.
nd, In / q ga q ~ Alth W.
DE .Li,ov, that bell x y proc-rdr q I"
tps ,upfpms cont OF the UoI ed
by h, Guys, nnr of X ntucky 4 met
I. GJv,tuo' Of on 20 c,mpsl him
~ deliver ~ a iugi iva ! ON i.tic 4.
In y g-,t opinion ths q W powsr
VI tho iedcr.l court Was denied. Th-
couit Ia conclusion said "a ihA rhs. /:
Is Wan couf lettly believed tina. =
n OF justice and Of mninsi Interest
would / rurs q iarhi | 4 cu'ion Of
tho coDtti a nal p'ov sion by the II
seutiye Of every 4 ate. But
u the Governor Of Ohio refuses 10 dis
charge this duty, ,here "a no ppser
deleKa ell TO the general government
either through lhs ,dieial d-psri-
ment or any other teV,rlmeot 10 usa
any coerciye mesuo u oumpsi him +"
Governor Tsylor may now 20 10
work aud induce the q vernon Of Ne
brsska 10 surrender MoMAhop, and /!
he still decllnse, the STATE Of Tonnes.
zee 10 powerless to help itself.